Delhi HC restrains ‘NIC Natural Ice Creams from using the trademark 'NATURALS’

Case: Siddhant Ice Creams LLP & Ors. vs. Ameet Pahilani & Ors

Bench: Single-judge Justice Jyoti Singh 

The Delhi High Court passed an interim order restraining ‘NIC Natural Ice Creams from using the trademark 'NATURALS’ after the ice cream brand Natural Ice Cream filed a trademark infringement suit.

Observing that Natural has made a prima facie case for the grant of an ex-parte injunction, the balance of convenience is in their favor, and the failure to grant the order would result in irreparable harm to them, the Court granted the order. It also restrained NIC from using the domain names ‘nicnaturalicecreams.com’ or any other domain name, email, or handle consisting of the mark NATURAL as a part.

Natural ice cream, an Indian brand, started in 1984 and now has over 140 franchises across the country. It claimed that NIC Natural Ice Creams, a partner of one of its franchises, was using Natural's marks deceptively.

Natural's argued that the defendants dishonestly registered marks incorporating the ‘NATURAL’ mark, which is an essential part of the plaintiff's trademark. Defendants were aware that the acronym NIC is commonly used for natural ice cream companies. The mark even used the identical shade of green color as used by the plaintiffs.

Justice Singh directed the defendants to file their written statements within 30 days.